People v. Sanders CA1/1

Filed 7/17/15 P. v. Sanders CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A143837 v. LEVONTE TATE SHAQUILLE (Solano County SANDERS, Super. Ct. Nos.VCR210939 & VCR217890) Defendant and Appellant.

This case involves an appeal after the revocation of several terms of probation defendant was serving. His appellate counsel has filed this brief following procedures approved in People v. Wende (1979) 25 Cal.3d 436. She has also advised defendant she was implementing this procedure and indicated he may file supplemental materials in support of his appeal. We have not received any supplemental papers from defendant. We have reviewed the record in this case and determine there are no meritorious issues presented which would indicate we should reverse the judgment. We therefore affirm the revocation of probation in this case. STATEMENT OF THE CASE Defendant Levonte Sanders (Sanders) was charged in case No. VCR210939, in the County of Solano, with a felony violation of former Penal Code section 12031, subdivision (a)(1)1 (carrying a loaded firearm) (now § 25850) and a misdemeanor

1 Unless otherwise stated, all statutory references are to the Penal Code of California.

violation of former section 12094 (possession of an altered firearm) (now § 23920). He entered a no contest plea to the section 12031 charge on September 29, 2011, and the other charge was dismissed. Defendant was sentenced to probation with imposition of sentence suspended for three years. Conditions of probation included the requirement to obey all laws, warrantless search, and no weapons. A motion to revoke probation was filed by the district attorney after defendant was arrested on the charge of residential burglary. On June 10, 2013, Sanders entered a no contest plea to one count of first degree burglary in Solano County Superior Court case No. VCR217890. Based on the new admission of responsibility, defendant was found in violation of the previous probation. On July 5, 2013, defendant was sentenced to imposition of sentence suspended for three years in the residential burglary case, with certain conditions imposed during probation. His earlier probation was modified and extended for two additional years. Sanders was arrested on a subsequent case, No. VCR221601, and his terms of probation were summarily revoked as a consequence. A formal probation hearing was held on September 15, 2014. The court sustained the allegation he had violated probation. On November 17, 2014, the trial court refused to again reinstate probation. Instead, the defendant was sentenced to state prison for four years eight months. The first degree burglary conviction in case No. VCR217890 was fixed as the base term, with a midterm sentence of four years imposed. A consecutive sentence of one-third the midterm of eight months was imposed in case No. VCR210939. Defendant also received credits for his sentences. Defendant filed a notice of appeal on December 1, 2014. STATEMENT OF FACTS In his original probation case, No. VCR210939, defendant was observed by uniformed police loitering with two other associates. As the police approached,